chapter 3

These flashcards cover key concepts related to federalism in American and Texas government, including types of government, powers, and significant constitutional provisions.

Preemption

The principle that allows federal law to take precedence over state laws.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Fiscal Federalism

The financial relationship and funding arrangements between different levels of government.

Formula grant

A type of categorical grant where federal funds are allocated to states based on specific criteria or formulas, such as population, per capita income, or poverty rates.

10th amendment

The constitutional amendment that reserves powers not delegated to the federal government to the states or the people.

14th amendment

An amendment that defines U.S. citizenship and prohibits states from denying any person 'life, liberty, or property, without due process of law' or 'equal protection of the laws'.

Block Grants

Federal funds granted to states with few or no restrictions on how they can be spent.

Categorical Grants

Federal funds provided for a specific purpose with specific restrictions on their use.

Coercive federalism

A system in which the federal government forces states to follow its goals and policies by threatening to withhold federal funding or imposing regulations.

Commerce clause

A clause in Article I, Section 8 of the U.S. Constitution that gives Congress the power 'to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes'.

Competitive Federalism

A system where states compete to attract businesses by lowering regulations and taxes.

Concurrent Powers

Powers that are shared by both the federal and state governments.

Confederation

A type of government where states or regions maintain ultimate authority and govern themselves, yielding limited powers to a central authority.

Cons about federalism

Potential disadvantages of federalism, such
as:

• Difficulty in achieving national unity.

• Uneven policy implementation across states.

• Duplication of services and administrative costs.

Cooperative Federalism

A model of federalism where state and federal governments work together to solve problems.

Denial of Powers

Powers that are explicitly denied to federal or state governments.

Dred Scott v. Sandford

A landmark Supreme Court case in 1857 that ruled African Americans, whether enslaved or free, could not be American citizens and had no standing to sue in federal court, contributing to tensions before the Civil War.

Dual Federalism

A model where state and federal governments are seen as separate entities operating within their own spheres of authority.

Evolution of federalism

The historical progression and changes in the balance of power between federal and state governments in the United States, typically categorized into eras like Dual Federalism, Cooperative Federalism, and New Federalism.

Ex Post Facto

A law that retroactively changes the legal consequences (or status) of actions that were committed before the enactment of the law, which is prohibited by the U.S. Constitution.

Exclusive power

Powers that can only be exercised by the national government, such
as:

• Coining money (- \text{Article I, Section 8} -).

• Declaring war (- \text{Article I, Section 8} -).

• Regulating interstate commerce.

Preemption

The principle that allows federal law to take precedence over state laws.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Fiscal Federalism

The financial relationship and funding arrangements between different levels of government.

Formula grant

A type of categorical grant where federal funds are allocated to states based on specific criteria or formulas, such as population, per capita income, or poverty rates.

Full faith and credit clause

A clause in Article IV, Section 1 of the U.S. Constitution requiring states to recognize the public acts, records, and judicial proceedings of every other state.

Good things about federalism

Benefits of federalism include:

• Promoting innovation through 'laboratories of democracy'.
• Allowing for diversity in policies to meet local needs.
• Fostering greater citizen participation and access to government.

Intergovernmental organizations

Formal and informal partnerships or collaborations between different levels of government (federal, state, and local) to address shared policy goals and coordinate services.

Marshall Court

The Supreme Court under Chief Justice John Marshall, known for establishing the principle of judicial review.

McCulloch v Maryland

A landmark Supreme Court case in 1819 that established the implied powers of Congress under the 'necessary and proper' clause and affirmed the supremacy of federal law over state law.

New federalism

A political philosophy, largely initiated by Presidents Nixon and Reagan, that aimed to restore greater power and autonomy to state and local governments from the federal government, often through block grants.

Nullification

The doctrine that states can invalidate federal laws that they deem unconstitutional.

Picket Fence Federalism

A variant of cooperative federalism where specific policy areas are managed by various levels of government in a cooperative manner.

Police power

The inherent authority of state governments to enact and enforce laws to protect the health, safety, morals, and general welfare of their inhabitants.

Powers given to different levels of government

In a federal system, governmental powers are divided among national, state, and local levels, with some powers designated as exclusive, concurrent, or denied to one or both levels.

Privileges and immunities clause

A clause in Article IV, Section 2 of the U.S. Constitution prohibiting states from discriminating against citizens of other states and ensuring similar rights travel across state lines.

Remedial legislation

Laws enacted by Congress to address past discrimination or enforce constitutional rights, particularly under the 13th, 14th, and 15th Amendments, aiming to correct historical injustices.

Revenue sharing

A federal program practice, particularly prominent in the 1970s, where the federal government shares a portion of its tax revenue with state and local governments, often with fewer restrictions than categorical grants.

Sovereign power

The supreme and independent authority of a state to govern itself or another governing body, inherent in both federal and state governments within their respective spheres.

Spillover effects

Consequences, either positive (e.g., benefits) or negative (e.g., costs), that originate from a policy or action in one governmental jurisdiction and affect adjacent or related jurisdictions.

State’s rights and state power

The political doctrine advocating for the retention of extensive powers by state governments rather than the federal government, often emphasizing the Tenth Amendment and limitations on federal authority.

Unfunded Mandates

Regulations or policies that the federal government imposes on state governments without providing federal funding.

Unitary Government

A system of governance where all power is held by a central government.